Using Agreement

While using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

  • fail to pay for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;

  • fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;

  • manipulate the price of any item or interfere with other user’s listings;

  • post false, inaccurate, misleading, defamatory, or libelous content;

  • take any action that may undermine the feedback or ratings systems;

  • transfer your account (including Feedback) and user ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm the community, or the interests or property of every user;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose;

  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • copy, modify, or distribute rights or content from our Services or copyrights and trademarks;

  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission and the appropriate third party, as applicable;

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Abuse

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;

  • we think that such restrictions will improve the security of the community or reduce our or another user’s exposure to financial liabilities

  • we think that you are infringing the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;

  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or

  • you fail to pay us all fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

Fees

We may change our fees from time to time by posting the changes on the site 14 days in advance, but with no advance notice required for temporary promotions.

You must have a payment method on file when selling and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. If you wish to dispute the information a collection agency reported to a credit bureau regarding your account, you must contact the collection agency directly.

Listing Conditions

When listing an item, you agree to comply with rules for listing and Selling Practices policy and that:

  • You are responsible for the accuracy and content of the listing and item offered.

  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). We can’t guarantee exact listing durations.

  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

    • buyer’s location, search query, browsing site, and history;

    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

    • seller’s history, Detailed Seller Ratings, and Feedback; and

    • number of listings matching the buyer’s query.

      Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • Some advanced listing upgrades will only be visible on certain Services.

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.

  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

  • For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

  • We do not transfer legal ownership of items from the seller to the buyer.

  • Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Content

When providing us with content or posting content using the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties. You may use catalog content solely in connection with your listings.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings).

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law

  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your account.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy. Members of the corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.